Nev. Admin. Code § 444.86325

Current through December 31, 2024

Section 444.86325 - Exceptions to and revision of federal regulations adopted by reference

1. The following sections and parts of Title 40 of the Code of Federal Regulations, and any reference to those sections and parts, are not adopted by reference:

(a) Section 2.101(a)(1)-(4);

(b) Sections 124.1(b)-(e), 124.4, 124.5(e), 124.9, 124.10(a)(1)(iv), 124.15(b)(2), 124.16, 124.17(b), 124.18, 124.19 and 124.21;

(c) Sections 260.1(b)(4)-(6) and 260.20, 260.21, 260.22 and 260.42;

(d) Sections 261.4(b)(4), 261.4(h), 261.7(c), 261.400(a)-(b), 261.410(e)-(f), 261.411, 261.420, 261.1035(b)(1) and 261.1064(b)(2);

(e) Sections 262.10(l), 262.10(m), 262.10(n), 262.13(c)(9), 262.13(f)(1)(iii), 262.14(a)(5)(ix) -(x) and Part 262, Subpart K;

(f) Sections 264.1(d), 264.1(f), 264.1(g)(13), 264.15(b)(5), 264.149, 264.150, 264.301(l), 264.1050(h), 265.1(c)(4), 265.1(c)(16), 265.149, 265.150, 265.430 and 265.1050(g);

(g) Section 266.111 and Part 266, Subpart P;

(h) Section 267.150;

(i) Sections 268.5 and 268.6, Part 268, Subpart B, and sections 268.42(b), 268.44 and 268.50(a)(4)-(5);

(j) Sections 270.1(c)(1)(i), 270.1(c)(2)(x), 270.60(b) and 270.64;

(k) Section 273.80(d); and

(l) Sections 279.10(b)(2), 279.10(b)(3), 279.10(c), 279.10(d)(1), 279.42(b)(2), 279.51(b)(2), 279.62(b)(2) and 279.73(b)(2).

2. The following parts and sections of Title 40 of the Code of Federal Regulations are adopted by reference, as revised in this subsection:

(a) Part 124 is adopted with the following exceptions:

(1) Delete all references to "EPA-issued permits" and insert in its place "permits issued by the Department," except in sections 124.5(d), 124.10(b) and 124.10(d)(1)(vi);

(2) Delete all references to "when EPA is the permitting issuing authority" and insert in its place "when the Department is authorized to issue a permit";

(3) Subpart A is adopted solely for the purpose of establishing procedures for permits for the management of hazardous waste, except that all references to "UIC," "PSD" and "NPDES" are deleted;

(4) In sections 124.31 and 124.32, delete all references to "RCRA part B," "part B RCRA" and "part B" and insert in their place "NRS 459.400 to 459.600, inclusive,"; and

(5) In sections 124.31(a), 124.32(a) and 124.33(a), delete the following sentence: "For the purposes of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR part 271 ."

(b) Part 260 is adopted with the following exceptions:

(1) In section 260.2(a), replace the "Freedom of Information Act, 5 U.S.C. § 552, section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and section 3007(b)" with "NRS 459.555 and any regulations adopted pursuant thereto."

(2) In section 260.10, replace "262.34" with "262.14 to 262.17" in the definition of "Final closure" and delete "261.2(a)(2)(ii) and" from the definition of "Hazardous secondary material generator."

(3) In section 260.33(b), delete "in the locality where the recycler is located."

(4) In section 260.34(a), delete "Determinations may also be granted by the State if the State is either authorized for this provision or if the following conditions are met:

(1) The State determines the hazardous secondary material meets the criteria in paragraphs (b) or (c) of this section, as applicable;

(2) The State requests that EPA review its determination; and

(3) EPA approves the State determination."

(5) In section 260.41(a), delete "or unless review by the Administrator is requested. The order may be appealed to the Administrator by any person who participated in the public hearing. The Administrator may choose to grant or to deny the appeal."

(c) Part 261 is adopted with the following exceptions:

(1) In section 261.1(a)(1), delete "hazardous waste produced by very small quantity generators and."

(2) In section 261.4(a)(1)(ii), delete ", except as prohibited by § 266.505 and Clean Water Act requirements at 40 CFR 403.5(b)."

(3) In section 261.4(a)(24)(v)(B)(3), delete "publicly available."

(4) In section 261.4(a)(24)(vi)(E), replace "272" with "270."

(5) In section 261.4(e)(1), replace "40 CFR 261.5 and 262.34(d)" with "40 CFR 262.13 and 262.16(b)."

(6) In section 261.4(e)(3)(iii), delete "in the Region where the sample is collected."

(7) In section 261.6(a)(3)(i)(A), replace "§§ 262.53, 262.56(a)(1)-(4),(6), and (b), and 262.57" with "§ 262.83" and replace "subpart E" with "subpart H."

(8) In section 261.11(c), replace "261.5(c)" with "262.13(c)."

(9) In section 261.30(d), replace "261.5" with "262.13."

(10) In section 261.33(c), delete "or § 266.507."

(11) In each of the four entries for "P075" in the table in section 261.33(e), delete "(this listing does not include patches, gums and lozenges that are FDA-approved over-the-counter nicotine replacement therapies)."

(12) In section 261.142(a)(3)-(4), replace both references to "§ 265.5113(d)" with "§265.113(d)."

(13) In section 261.1089(f), replace "261.1082(c)(1) or (c)(2)(i) through (vi)" with "261.1082(c)."

(14) In Part 261, Appendix IX, replace any references to "40 CFR 262.34" with "40 CFR 262.15, 262.16 and 262.17."

(d) Part 262 is adopted with the following exceptions:

(1) In section 262.11(d)(2), delete " or according to an equivalent method approved by the Administrator under 40 CFR 260.21."

(2) In section 262.14(a)(5)(ix), replace the final period with a semicolon.

(3) In section 262.14(a)(5)(x), replace the final period with "; and."

(4) In section 262.20(a)(2), replace "262.54 and 262.60" with "262.83(c)-(e) and 262. 84" and replace both references to "262.34" with "262.16, 262.17."

(5) In sections 262.42(a)(2) and 262.42(b), delete "for the Region in which the generator is located."

(6) In section 262.212(e)(3), replace "§ 261.5(c) and (d)" with "§ 262.13(c) and (d)."

(e) Part 264 is adopted with the following exceptions:

(1) In section 264.18(c), delete "except for the Department of Energy Waste Isolation Pilot Project in New Mexico."

(2) In sections 264.143(h) and 264.145(h), replace "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with "If the facilities covered by the mechanism are in this State and another state, identical evidence of financial assurance must be submitted to and maintained with the Division and the agency regulating hazardous waste in the other state or, if the other state has not been approved or authorized by the EPA under 40 CFR Part 271, the EPA Regional Administrator."

(3) In sections 264.147(a)(1)(i) and 264.147(b)(1)(i), delete ", or Regional Administrators if the facilities are located in more than one Region."

(4) In section 264.151: Replace any requirement that an owner or operator notify the EPA Regional Administrator of the financial obligations of the owner or operator with a requirement that the owner or operator notify the Director, the agency regulating hazardous waste in a state that has been approved or authorized by the EPA under 40 C.F.R. Part 271 and all EPA Regional Administrators of Regions affected by the financial assurance mechanism of the owner or operator;

(II) Require that all orders, requests, instructions and notices to the Trustee regarding a financial assurance mechanism for a facility in this State be in writing and signed by the Director; and

(III) Delete "an agency of the United States Government" from the second paragraph of the trust agreement.

(5) In section 264.1030(b)(3), replace "40 CFR 262.34(a)" with "40 CFR 262.17(a)."

(6) In section 264.1050(b)(2), replace "40 CFR 262.34(a)" with "40 CFR 262.17(a)."

(f) Part 265 is adopted with the following exceptions:

(1) In section 265.18, delete ", except for the Department of Energy Waste Isolation Pilot Project in New Mexico."

(2) In section 265.145(g), replace "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with "If the facilities covered by the mechanism are in this State and another state, identical evidence of financial assurance must be submitted to and maintained with the Division and the agency regulating hazardous waste in the other state or, if the other state has not been approved or authorized by the EPA under 40 CFR Part 271, the EPA Regional Administrator."

(3) In section 265.147(a)(1)(i), delete "or Regional Administrator if the facilities are located in more than one Region."

(g) Part 266 is adopted with the following exceptions:

(1) In section 266.100(c)(3), replace "conditionally exempt small quantity generators under § 261.5" with "very small quantity generators under §§ 262.13 and 262.14."

(2) In section 266.108(c), replace "§ 261.5" with "§§ 262.13 and 262.16."

(h) Part 268 is adopted with the following exceptions:

(1) In the leadline for section 268.7, delete "reverse distributors."

(2) In section 268.7(a), delete "and reverse distributors."

(i) Part 270 is adopted with the following exceptions:

(1) Delete all references to "interim authorization"; and

(2) Delete "or 267.150" in § 270.290(r).

(j) Part 273 is adopted with the following exceptions:

(1) In section 273.1(b), replace "272" with "270."

(2) In section 273.13(a)(3)(i), 273.13(c)(2)(iii), 273.13(c)(2)(iv), 273.13(c)(4)(ii) and 273.13(e)(4)(v), replace "272" with "270."

(3) In section 273.13(e)(4)(vi), replace "or" with "and."

(4) In section 273.17(b), replace "272" with "270."

(5) In section 273.3(b)(2), replace "272" with "270."

(6) In section 273.33(a)(3)(i), 273.33(c)(2)(iii), 273.33(c)(2)(iv), 273.33(c)(4)(ii) and 273.33(e)(4)(v), replace "272" with "270."

(7) In section 273.33(e)(4)(vi), replace "or" with "and."

(8) In section 273.37(b), replace "272" with "270."

(9) In section 273.54(b), replace "272" with "270."

(10) In section 273.80(a), replace "Except as provided in paragraph (d) of this section, any" with "Any."

(k) Part 279 is adopted with the following exceptions:

(1) In section 279.40(c), delete "unless, under the provisions of § 279.10(b), the hazardous waste/used oil mixture is determined not to be hazardous waste."

(2) Delete the entirety of section 279.82 and replace with "§ 279.82 Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited."

Nev. Admin. Code § 444.86325

Added to NAC by Environmental Comm'n, eff. 1-2-92; A 10-29-93; 3-1-94; R202-97, 3-5-98; R037-01, 10-25-2001; R104-02, 10-18-2002; R175-05, 5-4-2006; R153-08, 4-23-2009; A by R091-16A, eff. 11/2/2016; A by R084-19A, eff. 8/26/2020; A by R161-24A, eff. 12/19/2024

NRS 459.485, 459.490